Opinion
February 27, 1995
Appeal from the Supreme Court, Westchester County (Donovan, J.).
Ordered that the order is affirmed, with costs.
The subject contracts of sale included mortgage contingency clauses. Although the purchasers secured loan commitments, the conditions of the purchasers' loan commitments were "not fulfilled through no fault of the purchasers" (Lunning v. 10 Bleecker St. Owners Corp., 160 A.D.2d 178; see, Cone v. Daus, 120 A.D.2d 788, 789-790), but, rather, as a result of the seller's lack of cooperation. Accordingly, the purchasers were properly granted summary judgment. The appellant's remaining contention does not warrant reversal. Bracken, J.P., Sullivan, Miller and Goldstein, JJ., concur.